PART 2
THE SUPREME COURT
Superior courts
3.  It is declared that the General Division of the High Court, the Appellate Division of the High Court and the Court of Appeal are superior courts of record.
[40/2019]
Precedence
4.  The Supreme Court Judges rank in the following order:
(a)the Chief Justice;
(b)the Vice‑Presidents of the Court of Appeal according to the order of their appointments;
(c)the Justices of the Court of Appeal (other than the Vice‑Presidents of the Court of Appeal) according to the order of their appointments;
(d)the President of the Appellate Division (if the Chief Justice is not the President of the Appellate Division);
(e)the Judges of the Appellate Division (other than the President of the Appellate Division) according to the order of their appointments;
(f)the Judges of the High Court according to the order of their appointments.
[40/2019]
Acting appointment
5.—(1)  Whenever during any period, owing to illness or absence from Singapore or any other cause, the Chief Justice is unable to exercise the powers or perform the duties of his or her office, such powers are to be had and may be exercised and such duties are to be performed by the Judge having precedence next after the Chief Justice, who is present in Singapore and able to act during that period.
(2)  For the purposes of this section, temporary absence in any part of Malaysia is not to be deemed to be absence from Singapore.
International Judges
5A.  An International Judge may only sit in the Singapore International Commercial Court, in an appeal from a decision of that Court, and in an application relating to such an appeal.
[40/2019]
Seal
6.  The Supreme Court is to have a seal or seals of such nature and pattern as the Chief Justice may, by notification in the Gazette, prescribe.
[40/2019]
Vacations
7.  The Chief Justice may specify vacations of the Supreme Court, which must not exceed 2 months in any year.
[40/2019]
Sittings in private
8.—(1)  The place in which any court is held for the purpose of trying any cause or matter, civil or criminal, is deemed an open and public court to which the public generally may have access.
(2)  The court has power to hear any matter or proceeding or any part thereof in private if the court is satisfied that it is expedient in the interests of justice, public safety, public security or propriety, the national interest or national security of Singapore, or for other sufficient reason to do so.
[19/2018]
[Act 25 of 2021 wef 01/04/2022]
(2AA)  Any application for a matter or proceeding to be held in private, on the grounds that it is expedient in the national interest or national security of Singapore to do so, is to be heard in private.
[Act 25 of 2021 wef 01/04/2022]
(2AB)  The court has the power to hear any application mentioned in subsection (2AA), or any part of such an application, otherwise than in private, if the court is satisfied that —
(a)it is expedient in the interests of justice to hear the application or part of the application otherwise than in private; and
(b)it is not prejudicial to the national interest or national security of Singapore to hear the application or part of the application otherwise than in private.
[Act 25 of 2021 wef 01/04/2022]
(2A)  A court may, in any matter or proceeding or any part thereof tried or held or to be tried or held before it, if satisfied that it is expedient in the interests of justice, public safety, public security or propriety, the national interest or national security of Singapore, or for other sufficient reason to do so, order that —
(a)the name, address or photograph of any witness;
[Act 25 of 2021 wef 01/04/2022]
(b)any evidence or any other thing likely to lead to the identification of such witness by a person other than the party to that matter or proceeding; or
[Act 25 of 2021 wef 01/04/2022]
(c)any information that, if disclosed, may be prejudicial to the national interest or national security of Singapore,
which is contained in any court document intended to be produced before the court, be removed or be sufficiently redacted.
[15/2010]
[Act 25 of 2021 wef 01/04/2022]
(3)  A court may at any time order that no person is to —
(a)publish the name, address or photograph of any witness in any matter or proceeding or any part thereof tried or held or to be tried or held before it, or any evidence or any other thing likely to lead to the identification of any such witness;
[Act 25 of 2021 wef 01/04/2022]
(b)do any other act which is likely to lead to the identification of any witness mentioned in paragraph (a); or
[15/2010]
[Act 25 of 2021 wef 01/04/2022]
(c)publish any information relating to any matter or proceeding before the court that, if disclosed, may be prejudicial to the national interest or national security of Singapore.
[Act 25 of 2021 wef 01/04/2022]
(4)  Any person who acts in contravention of any order under subsection (2A) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.
[15/2010]
(5)  A court that hears the whole or any part of any matter or proceeding in private may, in its discretion, permit any of the following individuals to be present in the courtroom while that matter or proceeding is heard in private:
(a)any journalist who reports news for a newspaper or a broadcasting service;
(b)any individual whom the court determines has a sufficient interest in that matter or proceeding;
(c)any other individual that the court specifies in any particular case.
[19/2018]
[Act 25 of 2021 wef 01/04/2022]
(6)  For the purposes of subsection (2), the matters that the court may consider, when deciding whether it is expedient in the interests of justice, public safety, public security or propriety, the national interest or national security of Singapore, or for other sufficient reason, to hear the whole or any part of any matter or proceeding in private, include the following matters:
(a)whether the defence of any accused person in that matter or proceeding will be prejudiced by the presence of any member of the public in the courtroom;
(b)whether any accused person or witness in that matter or proceeding has any legitimate interest in privacy that needs to be protected;
(c)whether the object of that matter or proceeding will be defeated by publicity if that matter or proceeding is heard in open court;
(d)whether any accused person or witness in that matter or proceeding has any legitimate interest in protecting the confidentiality of any information that may be disclosed during the hearing of that matter or proceeding;
(e)whether any information that may be disclosed during the hearing of that matter or proceeding will be prejudicial to the interests of Singapore.
[19/2018]
[Act 25 of 2021 wef 01/04/2022]
(7)  In this section —
“broadcasting service” has the meaning given by section 2(1) of the Broadcasting Act 1994;
“newspaper” has the meaning given by section 2(1) of the Newspaper and Printing Presses Act 1974.
[19/2018]
[Act 25 of 2021 wef 01/04/2022]
Court may conduct hearing through electronic means of communication
8A.—(1)  Without limiting section 8, the court may conduct the hearing of any matter or proceeding (other than a matter or proceeding prescribed by the Rules of Court, the Family Justice Rules or the Criminal Procedure Rules) through a live video link, a live television link, a live audio link or any other electronic means of communication approved by the Chief Justice.
[Act 25 of 2021 wef 01/04/2022]
(2)  Subsection (1) does not affect the operation of section 26A of the Administration of Justice (Protection) Act 2016, section 62A of the Evidence Act 1893 and section 281 of the Criminal Procedure Code 2010.
[46/2018]
[Act 25 of 2021 wef 01/04/2022]
(3)  A court must not conduct any part of a hearing of a matter through a live audio link only, without an accompanying live video link or live television link —
(a)where oral evidence is given during that part of the hearing (including in a trial of an offence) in a criminal proceeding;
(b)where oral evidence is given during that part of the hearing (including in a trial of an action) in a civil proceeding, unless all the parties consent; or
(c)where the matter is prescribed by the Rules of Court, the Family Justice Rules or the Criminal Procedure Rules.
[Act 25 of 2021 wef 01/04/2022]
(4)  For the purposes of subsection (3), a court is not considered to have conducted a part of a hearing of a matter through a live audio link only and without an accompanying live video link or live television link, by reason only of a temporary disruption in the accompanying live video link or live television link that was insignificant and which did not affect the court’s duty to conduct proceedings fairly.
[Act 25 of 2021 wef 01/04/2022]
(5)  A court must not conduct a hearing of a matter or proceeding in the manner provided under subsection (1), if to do so would be inconsistent with the court’s duty to ensure that the hearing is conducted fairly to all parties.
[Act 25 of 2021 wef 01/04/2022]
(6)  A court is deemed to be sitting at a place appointed under section 11(1), 34(1)(a) or 52(1)(a) (as the case may be) when the court conducts a hearing of a matter or proceeding in the manner provided under subsection (1) (whether any Judge or Registrar sitting in the court is situated in Singapore or outside Singapore).
[Act 25 of 2021 wef 01/04/2022]